Terms and Conditions

Effective as of: June 29, 2023

Preamble

Welcome to our website! Thank you for placing your trust in us when shopping!

Please read this document carefully before completing your order, as by placing a final order you accept the terms of these Terms and Conditions (Regulations)!

These Terms and Conditions are effective as of June 29, 2023, and remain valid until further notice. The seller is entitled to unilaterally amend the Terms and Conditions, provided that consumers are notified on the website.

If you have any questions regarding the operation of the online store, the ordering process, or delivery, the seller is available to assist consumers via the contact information provided in the legal notice.

The Seller reserves all rights regarding the website, all its parts and content, as well as their distribution. Downloading, electronically storing, processing, and selling content or parts thereof that appear on the online store interface is prohibited without the Seller’s written consent.

The Seller does not enter into contracts with minors. By accepting these Terms and Conditions, the consumer declares that they are of legal age.

These Terms and Conditions are always available on the online store interface.

Scope of Application

Our online store is intended for consumers in the following countries:

• Hungary,
• Austria,
• Germany,

Legal Notice: Provider Information (Seller, Company)

Name: HGreen Web Kft.

Headquarters: 9029 Győr, Sárási út 1/D/4.

Mailing address: 9029 Győr, Sárási út 1/D/4.

Registration authority: Győr Commercial Court

Company registration number: 08-09-033967

Tax ID number: 27551781-2-08

Representative: Szabolcs Pék

Email: info@vitalgaeshop.co

Website: www.vitalgaeshop.com

Definitions

Parties: Seller and Buyer collectively

Consumer: a natural person acting outside the scope of their profession, self-employment, or business activities

Consumer Contract: a contract in which one of the parties is a consumer

Website: this website, which serves as the platform for concluding the contract

Contract: A sales contract between the Seller and the Buyer using the Website and electronic correspondence

Means of communication in the absence of the parties: a means suitable for making a contractual declaration in the absence of the parties—for the purpose of concluding a contract. Such means include, in particular, addressed or unaddressed forms, standardized letters, advertisements in the press with an order form, catalogs, the telephone, fax, and devices enabling internet access

Distance contract: a consumer contract concluded without the simultaneous physical presence of the parties within an organized distance sales system for the provision of products or services, whereby the parties use exclusively means of communication capable of operating in the absence of the parties

Product: any movable item included in the website’s offering, available for sale on the website, and subject to the contract

Business: a person acting in the course of their profession, independent activity, or business

Buyer/Consumer/You: the person who submits a purchase request on the website and enters into a contract

Webshop: our webshop through which the contract is concluded.

Scope and Acceptance of the Terms and Conditions

The content of the contract concluded between us is governed—in addition to the applicable statutory provisions—by these General Terms and Conditions (hereinafter: GTC). Accordingly, these T&C contain the rights and obligations that you and we have, the conditions for the conclusion of the contract, the deadlines for the provision of services, the delivery and payment terms, the liability provisions, and the conditions for exercising the right of withdrawal.

The technical information required to use the website that is not contained in these Terms and Conditions is provided through other information available on the website.

You are required to familiarize yourself with the provisions of these T&C before placing a final order.

Contract Language, Contract Form

The language of the contracts governed by these Terms and Conditions is German.

Contracts governed by these Terms and Conditions are not considered written contracts and are not registered by the Seller.

E-Invoicing

Our company uses electronic invoices. By accepting these Terms and Conditions, you consent to the use of electronic invoices. We use the bilingo.hu system to issue e-invoices.

Prices

Prices are in euros and include VAT. Prices are for informational purposes only. It cannot be ruled out that the Seller may change prices for business policy reasons. Price changes do not apply to contracts already concluded. If the Seller has listed the price incorrectly and an order for the product has been received, but no contract has yet been concluded between the parties, the procedure outlined under “Procedure in Case of Incorrect Price” in the Terms and Conditions will apply.

Procedure in Case of an Incorrect Price

An obviously incorrect price is: a price of 0 euros, or a reduced price with an incorrectly stated discount (e.g., a product priced at 10 euros is offered at a price of 5 euros with a 20% discount).

In the event of an incorrect price, the seller offers the option to purchase the product at the actual price. With this information, the consumer can decide whether to order the product at the actual price or cancel the order without any negative legal consequences.

Complaint Procedures and Legal Remedies

The consumer may submit complaints regarding the product or the seller’s activities to the following contact information:

Name: Szabolcs Pék

Email: szabolcs.pek@vitalgaeshop.hu

The consumer may submit a complaint in person, verbally, or in writing to the company regarding the conduct, activities, or omissions of the company or any person acting in the company’s interest or on its behalf, directly related to the sale or distribution of goods to consumers.

The company is obligated to immediately investigate verbal complaints and resolve them if possible. If the consumer does not agree with the handling of the complaint or if immediate investigation of the complaint is not possible, the company is obligated to immediately record a report on the complaint and its position regarding it, and to provide the consumer with a copy of it if the verbal complaint is made in person. In the case of a verbal complaint made by telephone or other electronic means of communication, the company must send the consumer a substantive response within 30 days at the latest—in accordance with the rules for responding to written complaints. Otherwise, it must proceed in accordance with the following rules for written complaints. Unless a directly applicable legal act of the European Union provides otherwise, the company is obligated to respond in writing to the substance of written complaints within thirty days of receipt and to arrange for their notification. A shorter deadline may be established by law; a longer deadline may be established by law. The company is obligated to justify its rejection. The company is obligated to assign a unique identification number to verbal complaints communicated by telephone or other electronic communication service.

The complaint record must contain the following:

• The consumer’s name and residential address,
• the place, time, and manner in which the complaint was filed,
• a detailed description of the consumer’s complaint, a list of the documents, records, and other evidence submitted by the consumer,
• the company’s response to the consumer’s complaint, provided that an immediate review of the complaint is possible,
• the signature of the person recording the report and—with the exception of verbal complaints submitted by telephone or other electronic communication service—the consumer’s signature,
• the place and time the record was made,
• in the case of verbal complaints submitted by telephone or other electronic communication service, the unique identification number of the complaint.

The company must retain the complaint record and a copy of the response for five years and submit them upon request by the investigating authorities.

If the complaint is rejected, the company is required to inform the consumer in writing of the authority or arbitration body where the consumer may initiate proceedings, depending on the nature of the complaint. The information must also include the location, telephone and internet contact details, and the mailing address of the competent authority or arbitration body based on the consumer’s place of residence or stay. The information must also state whether the company utilizes the conciliation procedure to resolve consumer disputes.

If the consumer dispute between the seller and the consumer cannot be resolved through negotiation, the following legal remedies are available to the consumer:

Consumer Protection Procedures – Online Dispute Resolution Platform

The European Commission has set up a website where consumers can register to resolve disputes related to online purchases by submitting a claim through this platform without having to initiate legal proceedings. This allows consumers to enforce their rights without, for example, distance preventing them from doing so.

If you wish to file a complaint about a product or service you purchased online and do not necessarily want to go to court, you can use the online dispute resolution procedure.

On the platform, you and the merchant against whom you have filed a complaint can jointly select the dispute resolution body you wish to entrust with handling the complaint.

The Online Dispute Resolution platform is available here: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU

Copyright

In accordance with copyright laws, the website is a copyrighted work, and therefore every part of it is protected by copyright. Under copyright laws, the unauthorized use of graphic and software solutions, computer program creations on the website, as well as the use of any applications that can modify the website or any part thereof, is prohibited. Any material from the website and its database may only be reproduced with the written permission of the copyright holder and with an indication of the source and a link to the website. Copyright holder: HGreen Web Kft.

Partial Invalidity, Code of Conduct

If any provision of the General Terms and Conditions (GTC) is legally invalid or void, the remaining provisions of the contract remain valid, and the relevant statutory provisions shall apply in place of the invalid or void provision.

The seller does not have a code of conduct in accordance with the Act on the Prohibition of Unfair Business Practices toward Consumers.

Information on the Essential Characteristics of the Products

On the website, we provide information about the essential characteristics of each product offered for sale in the product descriptions.

Correction of input errors – Responsibility for the accuracy of the data provided

During the ordering process, you have the option at any time to change the data you have entered before final confirmation (clicking the Back button in your browser will open the previous page, so you can correct the entered data even if you have already moved on to the next page).

Please note that it is your responsibility to ensure that the data you enter is correct, as invoicing and delivery of the product are based on the data you provide. Please note that an incorrectly entered email address or a full mailbox may result in the absence of a confirmation and may prevent the contract from being fulfilled.

Use of the Website

Purchases are not subject to registration.

The website offers consumers the opportunity to view products and place orders online. Consumers can browse the website using the menu options.

The selected product can be added to the shopping cart using the "Add to Cart" button; the required quantity can be set next to the button. The consumer can review the contents of their shopping cart using the "Shopping Cart" menu item. Here, they can change the quantity of the product added to the cart that they wish to order or delete the item in question. The entire shopping cart can also be emptied using the "Empty Cart" button.

The consumer can continue the ordering process by clicking the "Order" button. In the second step, they have the option to log in, register, or purchase without registering. When registering or purchasing without registering, consumers must provide the following information: email address, name, phone number, billing address, and, if different, shipping address. When registering, a password must also be provided. The consumer will be notified of successful registration via email and on the website. The consumer may request the seller to delete their registration via email; in this case, they must re-register for a new purchase.

The consumer is responsible for keeping their login credentials confidential. The consumer is responsible for updating their information and must notify the seller if they become aware that a third party has misused their data. If the password is forgotten, a new password can be requested on the website to be sent to the registered email address. If the consumer is already registered on the website, the ordering process can be continued by entering their email address and password.

In the next step of the order process, the consumer must select the payment and delivery method that suits them. The consumer can use a summary page to review all previously entered data, the desired products, and their quantities. If there are any input errors, the entered data can be corrected using the pencil icon.

If you believe everything is correct, you can complete your order by clicking the "Submit Order" button. You will receive confirmation of this on the website and via email. If you notice any incorrect data after the order has been registered (e.g., in the confirmation email), you must report this to the seller immediately, but no later than within 24 hours. Regardless of whether they intend to place an order, consumers can log in via the "Log In" window or the "Log In" menu item. After logging in, a "Change Data" menu item appears, where consumers can modify the information provided during registration and track the details and status of their submitted order.

Complete Order (Submit Offer)

If you are certain that the contents of the shopping cart correspond to the products you wish to order and that your information is correct, you can complete your order by clicking the "Order" button. The information published on the website does not constitute an offer by the seller to enter into a contract. For orders subject to these Terms and Conditions, you are considered the offeror.

By clicking the "Order" button, you expressly acknowledge that your offer is deemed to have been submitted and that your declaration—in the event of confirmation by the seller in accordance with these Terms and Conditions—entails a payment obligation. Your offer is binding for a period of 48 hours. If the seller does not confirm your offer within 48 hours in accordance with these General Terms and Conditions, you are released from your obligation to the offer.

Order Processing, Conclusion of Contract

Order processing takes place in two stages. You may place an order at any time. You will first receive an automatic order confirmation, which merely confirms that your order has been received via the website; however, this confirmation does not constitute acceptance of your offer. If you notice that the automatic confirmation email contains incorrect information (e.g., name, shipping address, phone number, etc.), you must immediately notify us via email, providing the correct information at the same time. If you do not receive the automatic confirmation email within 24 hours of placing your order, please contact us, as it is possible that your order has not been received by our system for technical reasons.

The seller will confirm your order in a second email after you submit your order, which will include the payment request required to complete the order. The contract is concluded when the seller’s confirmation email is available in your email inbox (second confirmation).

Payment Methods

Bank Transfer

You can pay for the products via bank transfer.

PayPal, Stripe

You can also pay for the products via the PayPal or Stripe payment system using a credit card.

Shipping Methods

Courier service

Name: iLogistic Kft. Fulfillment – Webshop Logistics

Headquarters: Biatorbágy, CTPark Budapest West, Verebély László u. 2, 2051

Website: www.ilogistic.hu

Delivery Time

The standard delivery time for orders is a maximum of 30 days from order confirmation.

Disclaimer, Retention of Title

If you have already ordered a product that you did not accept upon delivery (except in cases where you have exercised your right of withdrawal), or if the product was returned to the seller marked “not picked up,” the seller reserves the right to make fulfillment of the order contingent upon advance payment of the purchase price and shipping costs.

The seller may refuse to hand over the product until they are certain that payment of the product price has been successfully processed via the electronic payment solution (including cases where the consumer transfers the purchase price in the currency of their Member State for a product paid for by bank transfer, and due to exchange rates as well as bank commissions and fees, the seller does not receive the full purchase price and shipping costs). If the price of the product has not been paid in full, the seller may request that the consumer make up the difference in the purchase price.

Information on the Consumer’s Right of Withdrawal

Under applicable law, the consumer has the right to withdraw from the contract without giving a reason. The consumer may exercise their right of withdrawal

1. a) in the case of a contract for the sale of goods
2. aa) for the product,
3. ab) in the case of the purchase of multiple goods, if the individual products are delivered at different times, for the last product delivered,

within a period of 14 days starting from the day of receipt by the consumer or by a third party designated by the consumer who is not the carrier.

The provisions set forth in this section do not affect the consumer’s right to exercise the right of withdrawal defined in this section during the period between the conclusion of the contract and the date of receipt of the product.

If the consumer has made an offer to conclude a contract, they have the right to withdraw their offer prior to the conclusion of the contract, which terminates the contractual binding nature of the offer.

We expressly note that the right of withdrawal for food and dietary supplements may only be exercised before opening the product (“with respect to sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been broken after delivery”).

The consumer may exercise their right of withdrawal by means of a clear, explicit written statement.

The consumer may exercise their right of withdrawal by sending an email to the following address: info@vitalgaeshop.hu.

Validity of the Consumer’s Notice of Withdrawal

The right of withdrawal is deemed to have been exercised in a timely manner if the consumer sends their explicit written statement to that effect within the time limit. The time limit is 14 days.

It is the consumer’s responsibility to prove that they have exercised their right of withdrawal in accordance with this provision.

The seller is obligated to confirm the consumer’s notice of withdrawal on an electronic medium upon receipt.

The seller’s obligations in the event of a withdrawal by the consumer

The seller’s obligation to refund

If the consumer withdraws from the contract in accordance with the statutory provisions, the seller shall refund the total amount paid by the consumer as consideration, including costs associated with the service, including shipping costs, within 14 days of becoming aware of the withdrawal. Please note that this provision does not apply to additional costs incurred by choosing a shipping method other than the cheapest standard option.

The manner of the seller’s obligation to refund

In the event of a withdrawal or termination governed by law, the seller shall refund the amount due to the consumer using the same method of payment used by the consumer. With the consumer’s express consent, the seller may also use a different payment method for the refund; however, this must not result in any additional costs for the consumer. The seller is not responsible for delays resulting from an incorrect and/or inaccurate bank account number or mailing address provided by the consumer.

Additional Costs

If the consumer expressly chooses a shipping method other than the cheapest standard option, the seller is not obligated to reimburse the resulting additional costs. In this case, our obligation to reimburse is limited to the amount of the stated standard shipping costs.

Right of retention

The seller may withhold the refund due to the consumer until the consumer has returned the product or has provided conclusive proof that they have returned it; the earlier date shall apply. We do not accept shipments sent cash on delivery or with postage due.

The consumer’s obligations in the event of a withdrawal or termination

Return of the Product

If the consumer withdraws from the contract in accordance with the statutory provisions, they are obligated to return the product immediately, but no later than 14 days after notification of withdrawal, or to hand it over to the seller or the person authorized by the seller to receive the product. The return is considered timely if the consumer ships the product before the deadline expires.

Coverage of Direct Costs for Returning the Product

The consumer bears the direct costs of returning the product. The product must be returned to the seller’s address. If the consumer terminates a contract for the provision of services—concluded outside of business premises or in the absence of the seller—after the service has begun, the consumer must pay a pro-rata fee for the services provided up to the time the notice of termination was received by the company. The pro-rata amount to be paid by the consumer must be calculated based on the total amount of consideration specified in the contract, including taxes. If the consumer can demonstrate that the total amount determined in this manner is disproportionately high, the pro-rata amount must be calculated based on the market value of the services provided up to the time of termination of the contract. Please note that we cannot accept products returned cash on delivery or with postage due.

The consumer’s liability for diminished value

The consumer is liable for any loss in value of the product resulting from use that goes beyond what is necessary to determine the nature, characteristics, and functioning of the product.

The seller expressly informs you that you cannot exercise your right of withdrawal in the following cases:

• in the case of a contract for the provision of services after the service has been fully performed, if the company has begun performance with the consumer’s express prior consent and the consumer has acknowledged that they lose their right of withdrawal after the service has been fully performed;
• in the case of a product or service whose price or fee depends on fluctuations in the financial market that the company cannot control during the withdrawal period;
• in the case of a non-prefabricated product manufactured according to the consumer’s instructions or expressly at their request, or in the case of a product clearly tailored to the consumer’s personal needs;
• in the case of perishable products or products with a short shelf life;
• for sealed goods that cannot be returned after delivery for reasons of health protection or hygiene;
• in the case of products that, due to their nature, are inseparably mixed with other items after delivery;
• alcoholic beverages whose actual value depends on market fluctuations beyond the company’s control and whose price was agreed upon at the time the purchase contract was concluded but will not be delivered until 30 days after the contract was concluded;
• in the case of a business contract where the company visits the consumer at their express request to perform urgent repair or maintenance work;
• in the sale of sealed audio or video recordings or computer software, if the consumer has removed the seal after delivery;
• for newspapers, periodicals, and magazines, with the exception of subscription contracts;
• in the case of contracts concluded at a public auction;
• in contracts for the provision of services in the areas of accommodation, transportation, car rental, catering, or leisure activities, provided that a specific delivery date or period has been specified in the contract;
• for the delivery of digital content not provided on a physical medium, if the business has begun performance with the consumer’s express prior consent and the consumer has simultaneously declared that they acknowledge they lose their right of withdrawal once performance has begun.

Warranty

In the event of a defective service provided by the service provider, the consumer may assert a warranty claim against the service provider.

In the case of a consumer contract, the consumer may assert their warranty claims within a limitation period of 2 years from delivery for product defects that were already present at the time of delivery. After the two-year limitation period has expired, the consumer can no longer assert their warranty rights.

In the case of a contract not concluded with a consumer, the entitled party may assert their warranty claims within a limitation period of 1 year from delivery.

The consumer may—at their discretion—demand a repair or a replacement, unless fulfilling the claim chosen by the consumer is impossible or would impose disproportionate additional costs on the service provider compared to fulfilling another claim. If the consumer does not or cannot demand a repair or replacement, they may demand a pro-rata reduction in the consideration, or remedy the defect themselves at the service provider’s expense, or have it remedied by a third party, or—in extreme cases—withdraw from the contract. Withdrawal due to a minor defect is not permitted.

The consumer may switch from their chosen warranty right to another, but is obligated to bear the costs of the switch, unless the switch was justified or the service provider caused it.

The consumer is obligated to notify the service provider of the defect immediately upon its discovery, but no later than two months after its discovery.

The consumer may assert their warranty claim directly against the service provider.

Within six months of the contract’s fulfillment, the consumer need not meet any requirements other than notifying the defect when asserting a warranty claim, provided they prove they purchased the product from the service provider (by presenting an invoice or a copy of the invoice). In this case, the service provider is only exempt from the warranty if they rebut this presumption, i.e., if they prove that the defect in the product arose after it was handed over to the consumer. If the service provider can prove that the cause of the defect is attributable to a reason for which the consumer is responsible, the service provider is not obligated to honor the warranty claim asserted by the consumer. However, after six months have elapsed from the performance of the contract, the consumer is obligated to prove that the defect they identified was already present at the time of performance.

If the consumer asserts a warranty claim regarding a part of the product that can be separated from the specified defect, the warranty claim is not deemed to have been asserted for other parts of the product.

Product Liability

In the event of a defect in the product (movable property), the consumer may—at his or her discretion—assert statutory warranty claims or product liability claims.

However, the consumer is not entitled to assert statutory warranty and product liability claims simultaneously and in parallel for the same defect. If, however, a product liability claim is successfully enforced, the consumer may assert their statutory warranty claims against the manufacturer for the replaced product or the repaired part.

In the context of a product liability claim, the consumer may only demand the repair or replacement of the defective product. The consumer must prove the defect in the product when asserting a product liability claim.

A product is considered defective if it does not meet the quality requirements in effect at the time of its market launch or does not possess the characteristics specified in the description provided by the manufacturer.

The consumer may assert their product liability claims within two years from the date of the manufacturer’s market launch. After this period expires, they lose this right. The consumer is obligated to notify the manufacturer of the defect immediately upon its discovery. A defect reported within two months of its discovery is considered to have been reported immediately. The consumer is liable for any damages resulting from the delayed notification.

The consumer may assert their product liability claims against the manufacturer or the distributor of the movable property.

The manufacturer or distributor is only exempt from product liability if they can prove that:

• the product was not manufactured or placed on the market in the course of their business activities, or
• the defect was not recognizable at the time of market introduction based on the state of the art, or
• the defect in the product results from the application of laws or mandatory regulatory requirements.

It is sufficient for the manufacturer or distributor to prove one ground for exoneration.